Facts
The 1st Respondent alleged that he, as the title holder of Obajemu of Erinmope-Ekiti from Ijewu quarters is the 4th in rank to the 1st Appellant (Obaleo, the Oba of Erinmope Ekiti) among the nine High Chiefs in Erinmope Ekiti while the 2nd Appellant comes after him as the 5th in rank. The 1st Respondent further alleges that this arrangement has been in existence from time immemorial and has been religiously followed by the people of Erinmope Ekiti. The arrangement has been recognized by the Government via Intelligence Report – Exhibits P5, Western States Chieftaincy Declaration of 1957- Exhibit P10, as well as Morgan Report and Government Views on it – Exhibit P9.
Decades ago, a dispute arose between the 2nd Appellant and 1st Respondent over the sharing of traditional meat and other items meant for the High Chiefs in Erinmope – Ekiti when the 2nd Appellant (i.e. by his predecessor in office in person of Late Chief J.O. Oyebola) on the instigation of the 1st Appellant, after the sharing of all other items in order of seniority without protest, got up from his seat and seized the portion of meat belonging to the 1st Respondent. The 1st Respondent immediately resisted the 2nd Appellant from attempting to usurp his position which resulted in the manhandling and tearing of the 1st Respondent’s clothes by the 2nd Appellant. The dispute between parties could not be resolved; this led the 1st Respondent to institute an action at the trial court seeking amongst others, a declaration that the Appellants herein, as Defendants in the suit, cannot in collusion usurp his rightful position or change the order of seniority of hierarchy as contained in the Morgan Commission Report and accepted by government and which position represents the custom and tradition of Erinmope Ekiti.
